CRANKSON VS BIBAH (PA/0872/2023) [2024] GHAHC 38 (9 January 2024)

CRANKSON VS BIBAH (PA/0872/2023) [2024] GHAHC 38 (9 January 2024)

The deceased died testate and the estate is subject to the Will. Sections 1 and 2 of Act 63 are inapplicable. Preservation of the estate is necessary, but the customary successor is the last in order of priority. Appointment of administrator pendente lite is more appropriate to represent all interests. Defendant/Applicant's motion is refused and dismissed.

Citation
CRANKSON VS BIBAH (PA/0872/2023) [2024] GHAHC 38 (9 January 2024)
Parties
Plaintiff/respondent: Elizabeth Crankson; Defendant/applicant: Martha Akorkor Bibah
Court
ghahc
Jurisdiction
Ghana
Judgment Date
9 January 2024
Procedural Posture
Probate and Administration / Ruling on Motion for Preservation of Property Pending Appointment of Executor/administrator
Outcome
Motion refused and dismissed.
Legal Topics
Validity of Will, Preservation of Estate, Appointment of Administrator Pendente Lite
Source Language
eng
Succession Law Probate Estate Administration Validity of Will Preservation of Estate Appointment of Administrator Pendente Lite

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Elizabeth Crankson

Plaintiff/respondent

Martha Akorkor Bibah

Defendant/applicant

Procedural Posture

Probate and Administration / Ruling on Motion for Preservation of Property Pending Appointment of Executor/administrator

Legal Issues

  1. 1 Whether rents due to the estate should be paid to the customary successor pending appointment of executor/administrator
  2. 2 Whether the Defendant/Applicant is entitled to preservation orders under Act 63 and Order 66 rule 2 of CI 47

Ratio Decidendi

The deceased died testate and the estate is subject to the Will. Sections 1 and 2 of Act 63 are inapplicable. Preservation of the estate is necessary, but the customary successor is the last in order of priority. Appointment of administrator pendente lite is more appropriate to represent all interests. Defendant/Applicant's motion is refused and dismissed.

Court Disposition

Motion refused and dismissed.

Orders

  • Defendant/Applicant's motion for preservation of property filed on 6th December 2023 is dismissed.